Safeguarding and promoting genuine democracy in Europe
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly
debate on 28 April 2022 (16th sitting) (see Doc. 15486, report of the Committee on Political Affairs and Democracy,
rapporteur: Ms Marie-Christine Dalloz; and Doc. 15501, opinion of the Committee on Legal Affairs and Human
Rights, rapporteur: Mr Vladimir Vardanyan). Text
adopted by the Assembly on 28 April 2022 (16th sitting).See
also Recommendation 2232
(2022).
1. The Parliamentary Assembly is deeply
concerned about a clear democratic backsliding across the world. Europe
has not been spared by this phenomenon, which has resulted in, inter alia, a weakening of checks
and balances and the role of the opposition, obstacles and limitations
to the exercise of civil and political rights and freedoms as guaranteed
by the European Convention on Human Rights (ETS No. 5), particularly
freedom of expression, assembly and association, and an erosion
of the rule of law. This backsliding has also been marked by citizens’
decreasing faith in democratic institutions.
2. In view of this alarming situation, there is an urgent need
for Council of Europe member States to renew their commitment to
safeguarding and promoting genuine democracy, based on the principles
of individual freedom, political liberty, other human rights and
the rule of law, as enshrined in the Statute of the Council of Europe
(ETS No. 1), while addressing the root causes of democratic backsliding.
3. In the face of the Russian Federation’s aggression against
Ukraine, the Assembly recalls that realising genuine democracy is
not only a commitment of each member State towards their citizens
but also a responsibility to other member States since only genuine
democracies can guarantee democratic security and achieve this common
goal of “the pursuit of peace based upon justice and international
co-operation”, as outlined in the Statute of the Council of Europe.
4. The Assembly reiterates that, in order to safeguard and maintain
democratic security, respect the rule of law and guarantee fundamental
rights and freedoms for each and every human being living within
the territory of the Council of Europe, member States should refrain
from threatening to use or using force to resolve international
and internal disputes.
5. The Assembly underlines that democracy is not the dictatorship
of the majority and that democratic legitimacy does not derive solely
from winning elections but encompasses the daily practice of democratic governance
in the exercise of power and the functioning of institutions. Moreover,
any theory attempting to justify the existence of non-pluralistic
democracies is doomed to failure owing to its inconsistency: genuine democracy
must guarantee, among other things, fundamental rights and freedoms,
including those of civil society, political pluralism and the independence
of the judiciary and the media, and be based on the rule of law.
6. In this respect, the Assembly reiterates the relevance of
the work carried out by the European Commission for Democracy through
Law (Venice Commission) on the functioning of democratic institutions, fundamental
rights and electoral law, including the Code of Good Practice in
Electoral Matters, the Rule of Law Checklist and the Parameters
on the Relationship between the Parliamentary Majority and the Opposition
in a Democracy: a checklist.
7. The Assembly notes that the European Court of Human Rights
has reiterated that democracy constitutes a fundamental element
of the “European public order” and is indeed the only political
model compatible with the European Convention on Human Rights. The
Court has repeatedly held that democracy must be based on pluralism,
tolerance, dialogue and a spirit of compromise.
8. The Assembly is heedful of the criticism that traditional
democratic institutions and political forces have failed to meet
citizens’ expectations in response to major challenges in recent
decades such as globalisation, migratory movements, the digital
revolution and its impact on all aspects of society, climate change,
economic stagnation and growing inequality, which are said to have
contributed to a general feeling of dissatisfaction with democracy.
9. The Covid-19 pandemic has only added to this crisis of confidence
and to the erosion of democratic safeguards, as reflected in a series
of Assembly resolutions and recommendations on various aspects of
the health crisis and its effects. Referring to
Resolution 2337 (2020) “Democracies
facing the Covid-19 pandemic”, the Assembly reiterates that “democracy,
human rights and the rule of law cannot be allowed to become ‘collateral
damage’ of the pandemic”. Recalling
Resolution 2338 (2020) “The impact
of the Covid-19 pandemic on human rights and the rule of law”, the
Assembly also reiterates that the obligation to take measures to protect
the life and health of populations cannot give States a free hand
to trample on rights, suppress freedoms, dismantle democracy or
violate the rule of law.
10. In the light of the considerations set out above, recalling
that the pursuit of peace based upon justice and international co-operation
is vital for the preservation of human society and civilisation
as noted in the Statute of the Council of Europe, the Assembly urges
the Council of Europe member States to renew the commitments they
have undertaken when joining the Organisation and to honour them
in the spirit in which they were first formulated. It invites them
in particular to:
10.1 guarantee
the right to freedom of thought and expression, while combating
the disinformation which undermines society’s faith in the media
and more broadly in democratic institutions;
10.2 guarantee freedom of assembly and association and create
an environment conducive to civil society activities, including
those of non-governmental organisations;
10.3 guarantee the safety of human rights defenders, especially
journalists, lawyers and members of non-governmental organisations,
in accordance with
Resolution
2225 (2018) “Protecting human rights defenders in Council
of Europe member States”, and to support them, including financially;
10.4 guarantee the independence and pluralism of the media
by taking the necessary measures to prevent, in particular, a high
concentration of media ownership and to ensure transparency as to
their sources of funding and ownership;
10.5 guarantee the right to free and fair elections and, in
that context, to:
10.5.1 ensure that the electoral process
is organised and supervised by an independent and impartial authority;
10.5.2 establish effective and fair procedures, including judicial
procedures, for the resolution of electoral disputes;
10.5.3 ensure that election campaigns are covered in a balanced
way by the media;
10.5.4 initiate a discussion on the decline in electoral turnout
and, where appropriate, adjust electoral practices and systems so
as to restore faith in the electoral process;
10.6 guarantee an effective, impartial and independent judicial
system, which is key to the very existence of the rule of law, and
to that end:
10.6.1 abolish the ability of the executive
or the legislature to arbitrarily appoint judges;
10.6.2 abolish the power of the executive or the legislature
to transfer or dismiss judges;
10.6.3 ensure the administrative and financial independence of
the judiciary;
10.7 ensure full respect by the executive, the legislature
and any other State authority for the rule of law, including the
principles of legality, legal certainty and the obligation to abide
by the judgments and decisions of the courts, especially those of
constitutional courts, even when they do not agree with them;
10.8 ensure that the legislative process is as inclusive as
possible and that the parliamentary opposition has sufficient resources
to scrutinise government activity;
10.9 promote equality and provide effective protection against
discrimination and hatred;
10.10 guarantee good democratic governance, by ensuring, in
particular, that local and regional authorities have the necessary
powers, adequate financial resources and skilled staff to provide
the best possible services to the entire population;
10.11 include education for democratic citizenship in the curriculum
from the earliest age so that citizens – and young people in particular
– can acquire the skills to develop a culture of democracy;
10.12 involve citizens, especially young people, in political
decision making, including through consultation and other inclusive
forms of participation and deliberation.
11. The Assembly invites international organisations which share
the Council of Europe’s values, starting with the European Union
and the Organization for Security and Co-operation in Europe, to
increase their co-operation with the Council of Europe in order
to find common solutions to the shared problem of democratic backsliding.
